Amnesty International Canada welcomes the federal government’s plan to split Bill C-63, the Online Harms Act, into two separate pieces of legislation. Parts 1 and 4, representing the Online Harms Act, will now move to a pre-study at Parliament’s Justice Committee this week.
Federal Justice Minister Arif Virani announced the decision on Wednesday. The move aligns with the recommendations of Amnesty International Canada and various other civil-society organizations and experts who urged the government to submit Sections 2 and 3 as a separate bill.
“This is a step in the right direction for thoughtful policymaking and robust democratic debate,” said Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section. “Separating out the contentious sections will make it easier for Parliamentarians to address online harms in a way that upholds human rights while protecting freedom of expression and safeguarding against unintended consequences.”
Bill C-63 initially included significant, controversial changes to the Criminal Code and the Canadian Human Rights Act. Critics have charged that some of the proposed changes, if adopted, could disproportionately affect free speech without effectively reducing online hate. Experts, including former Human Rights Commission staff, have also warned that changes to the Human Rights Act could overwhelm the complaints system, creating backlogs and undermining its ability to address urgent cases.
‘It’s essential that Canada gets this right — for the safety of those harmed online and for the protection of everyone whose rights are affected.’
Ketty Nivyabandi, Secretary General, Amnesty International Canada
By legislating these elements separately, Parliament can also focus on the critical task of establishing a Digital Safety Commission that is transparent, accountable, and effective in mitigating online harms, especially those affecting youth, women, 2SLGBTQQIA+ people, Black, Indigenous and racialized people, people with disabilities, and other equity-deserving groups.
Amnesty International Canada emphasizes the need for broad and inclusive public consultation to ensure the resulting legislation reflects the diverse perspectives of all Canadians.
“We look forward to engaging with the government and other stakeholders as this process moves forward,” Nivyabandi said. “It’s essential that Canada gets this right — for the safety of those harmed online and for the protection of everyone whose rights are affected.”
Amnesty’s forthcoming research on technology-facilitated, gender-based violence experienced by activists, advocates and defenders reveals that research participants believe that they were not adequately consulted during the drafting of Bill C-63. For some participants, it was their first time hearing about the proposed legislation.
